UK High Court Rejects BHP Bid to Appeal Mariana Dam Liability, Orders £43 Million Interim Costs

The decision preserves the liability finding, with BHP now limited to seeking permission to appeal to the Court of Appeal.

Overview

Judge Finola O’Farrell ruled that BHP’s proposed grounds had no real prospect of success and refused permission to appeal.
The court ordered BHP to cover 90% of the claimants’ costs for the liability phase and to make a £43 million advance payment.
BHP says it will seek permission to appeal within 28 days and argues Brazil is the appropriate forum, noting about 240,000 UK claimants have been compensated there.
The next trial phase to assess causation and damages is scheduled to begin in October 2026, in a case reported to be worth up to £36 billion.
The 2015 Fundão dam collapse released roughly 40 million cubic meters of mining waste, killed 19 people and caused widespread damage across the Rio Doce basin.